can.theobamaadministrationsays,agrees that law is unconstitutional. that law is now being defended by a lawyer hired by the republicans in the house of representatives. so that -- that is one case. the other case is the proposition 8 case in california. if you recall, california -- there was a referendum -- the california supreme court ruled that there had to be same sex marriage under the california constitution. gay people had the right to get married there for a brief period of time. then there was an initiative put on the ballot, proposition 8, california voted in a close election to overturn same sex marriage. same sex marriage was banned after it was briefly legal. the federal district court had a trial there, and said that law, proposition 8, banning same sex marriage, is unconstitutional. that was affirmed on appeal, that is now appealed to the supreme court and they will now decide whether proposition 8 is constitutional or not. >> when we talk about this as being a historical sort of review, clearly there were different laws passed at the state level. so now it i